CHIEF Judge Ramona V. Manglona of the District Court for the NMI has granted the motion of Turkish construction workers for a partial default judgment against Imperial Pacific International LLC.
Judge Manglona awarded the plaintiffs a total of $477,935.91 for damages under the Fair Labor Standards Act.
IPI has yet to make an appearance in the case, the judge noted in her 35-page order.
Attorney Richard Miller represented Özcan Genç, Hasan Gökçe, Süleyman Köş and 26 other Turkish workers as part of a collective action against IPI.
Previously the court granted the plaintiffs’ request for an entry of default after IPI failed to file a response or defense within the time permitted by court rules even though the casino investor was personally served with the summons and complaint by the workers on Nov. 23, 2020.
The plaintiffs filed the complaint “on behalf of themselves and other similarly situated” H-2B workers who were recruited from Turkey. They are master plumbers, carpenters, electricians, construction workers and foremen who were recruited in 2019.
The complainants said they were promised above minimum wage, substantial overtime pay, and round-trip tickets.
They said IPI also promised the Turkish workers that it would hire a cook who could prepare the kind of food suited for them, the complaint stated. It further alleged that IPI retaliated against them for their protest actions.
The judge, in her order, stated: “By filing this action to pursue their legal remedy while still under the care and employment of their employer, plaintiffs took a rare bold step as employees against their employer. Plaintiffs relied on IPI for their food, lodging, and a return ticket home. After IPI’s continuous failure to compensate plaintiffs, plaintiffs pursued their legal rights in court.”
Judge Manglona granted partial default judgment in favor of the plaintiffs against IPI for the first cause of action: unpaid minimum wage and overtime pay.
She awarded the plaintiffs’ unpaid wages and overtime in the amount of $24,997.53, plus liquidated damages in the amount of $287,291.38.
“For the second cause of action regarding the FLSA anti-retaliation provision, plaintiffs are awarded punitive damages in the amount of $165,647. The total amount of damages for these two causes of action is $477,935.91,” the judge added.
